United States v. Allied Oil Corp., 341 U.S. 1 (1951). · Go Syfert
United States v. Allied Oil Corp., 341 U.S. 1 (1951). Cases Citing This Book View Copy Cite
3,704 citation events (2,505 in the last 25 years) across 208 distinct courts.
Strongest positive: People v. Hall (illappct, 2004-09-03) · Strongest negative: Julio Bonilla v. Iowa Board of Parole (iowa, 2019-06-28)
Treatment trajectory · 1910 → 2026 · click a year to view as-of
1910 1968 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Julio Bonilla v. Iowa Board of Parole
Iowa · 2019 · signal: but see · confidence high
But see Janklow v. Planned Parenthood, Sioux Falls Clinic , 517 U.S. 1174 , 1175, 116 S. Ct. 1582 , 1583, 134 L.Ed.2d 679 (1996) (mem.) (Stevens, J.) (explaining that the "no set of circumstances" test is inconsistent with the standard for deciding facial challenges and with a wide array of legal principles (quoting United States v. Salerno , 481 U.S. 739 , 745, 107 S. Ct. 2095 , 2100, 95 L.Ed.2d 697 (1987) )).
cited Cited "but see" United States v. Thomas
D. Or. · 1987 · signal: but see · confidence high
But see United States v. Salerno, - U.S. -, 107 S.Ct. 2095, 2103 , 95 L.Ed.2d 697 (1987) (Bail Reform Act of 1984 is not facially invalid under the Due Process Clause). 2 .
discussed Cited as authority (verbatim quote) People v. Hall
Ill. App. Ct. · 2004 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he fact that the might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid
examined Cited as authority (quoted) People of Michigan v. Frederick John Dummer V
Mich. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) David Zaitzeff v. City Of Seattle
Wash. Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the government's general interest in preventing crime is compelling
discussed Cited as authority (quoted) Colbruno v. Kessler
10th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence low
ubstantive due process' prevents the government from engaging in conduct that 'shocks the conscience' or interferes with rights 'implicit in the concept of ordered liberty.
discussed Cited as authority (quoted) United States v. Mills
E.D. Mich. · 2019 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully.
examined Cited as authority (quoted) United States v. Blair Cook
7th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) Dante Martin v. State of Florida
Fla. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act isthe most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) People v. Kelly
Ill. App. Ct. · 2018 · quote attribution · 1 verbatim quote · confidence low
the fact that the bail reform act might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid, since we have not recognized an 'overbreadth' doctrine outside the limited context of the first amendment.
examined Cited as authority (quoted) Emma Katherine Bergstorm v. State
Ga. Ct. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) Fredric Mance, Jr. v. Jefferson Sessions, I
5th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) Smith v. Dist. of Columbia
D.C. Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
so-called 'substantive due process' prevents the government from engaging in conduct that 'shocks the conscience,' or interferes with rights 'implicit in the concept of ordered liberty.
discussed Cited as authority (quoted) Wiese v. Becerra
E.D. Cal. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
overbreadth challenges are generally limited to the first amendment context.
discussed Cited as authority (quoted) State v. Wheatley (2×) also: Cited "see"
Oh. Ct. App. 4th Dist. Hocking · 2018 · signal: accord · quote attribution · 1 verbatim quote · confidence high
there is no doubt that preventing danger to the community is a legitimate regulatory goal.
discussed Cited as authority (quoted) Robert Mahoney v. City of Seattle
9th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
he government's regulatory interest in community safety can, in appropriate circumstances, outweigh an individual's liberty interest.
discussed Cited as authority (quoted) United States v. Lizardi-Maldonado (2×) also: Cited "see"
D. Utah · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the bail reform act carefully limits the circumstances under which detention may be sought to the most serious of crimes
examined Cited as authority (quoted) Salinas, Orlando
Tex. Crim. App. · 2017 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act, is, of course, the most difficult challengé' tó mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) State v. Malik A. Pratt
Vt. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
in our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.
examined Cited as authority (quoted) John Doe Co. v. Consumer Financial Protection Bureau
D.C. Cir. · 2017 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) In Re The Detention Of Troy Belcher
Wash. Ct. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the government may detain mentally unstable individuals who present a danger to the public.
examined Cited as authority (quoted) A.A. v. B.B.
Haw. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) In Re The Detention Of Troy Belcher
Wash. Ct. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the government may detain mentally unstable individuals who present a danger to the public
discussed Cited as authority (quoted) Senate Permanent Subcommittee on Investigations v. Ferrer
D.D.C. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
so-called 'substantive due process' prevents the government from engaging in conduct that 'shocks the conscience,' ... or interferes with rights 'implicit in the concept of ordered liberty.
examined Cited as authority (quoted) United States v. Supreme Court of New Mexico
10th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) United States v. Supreme Court of New Mexico
10th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) People v. Graves
Colo. · 2016 · quote attribution · 1 verbatim quote · confidence low
whe have not.recognized an 'overbreadth' doctrine outside the limited context of the first amendment.
examined Cited as authority (quoted) Hazout v. Tsang Mun Ting
Del. · 2016 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
the fact that might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid, since we have not recognized an 'overbreadth' doctrine outside the limited context of the first amendment.
examined Cited as authority (quoted) United States v. Sergeant OTIS R. DUCKSWORTH
A.C.C.A. · 2016 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) Constitution Party v. Cortes
E.D. Pa. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) James Satterfield v. State of Indiana
Ind. Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.
examined Cited as authority (quoted) Little Arm Inc. v. Adams
S.D. Ind. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is ... the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) Does 1-5 v. Cooper
M.D.N.C. · 2014 · quote attribution · 1 verbatim quote · confidence low
the facial over-breadth doctrine is restricted in its application, ... and is 'not recognized ... outside the limited context of the first amendment.
examined Cited as authority (quoted) Tsirelman v. Daines
E.D.N.Y · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is ... the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) Karsjens v. Jesson
D. Minnesota · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
so-called 'substantive due process' prevents the government from engaging in conduct that 'shocks the conscience,' ... or interferes with rights 'implicit in the concept of ordered liberty.
discussed Cited as authority (quoted) Smith v. Ciesielski
S.D. Ind. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence low
substantive due process prevents the government from engaging in conduct that shocks the conscience
discussed Cited as authority (quoted) Loren Hamilton Fry v. State of Indiana
Ind. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence low
nothing in the text of the bail clause limits permissible government considerations solely to questions of flight.
discussed Cited as authority (quoted) State v. Jeffrey
Mo. · 2013 · quote attribution · 1 verbatim quote · confidence low
e have not recognized an 'over-breadth' doctrine outside the limited context of the first amendment.
examined Cited as authority (quoted) William MacDonald v. Tim Moose
4th Cir. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
the fact that the might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid, since we have not recognized an 'overbreadth' doctrine outside the limited context of the first amendment.
examined Cited as authority (quoted) Bateman v. Perdue
E.D.N.C. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) Keller v. City of Fremont
D. Neb. · 2012 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) United States v. Moore
4th Cir. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid
discussed Cited as authority (quoted) United States v. Carter
4th Cir. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence low
there is no doubt that preventing danger to the community is a legitimate regulatory goal
examined Cited as authority (quoted) United States v. Laurent
E.D.N.Y · 2011 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is -... the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
examined Cited as authority (quoted) Heller v. District of Columbia (2×)
D.C. Cir. · 2011 · signal: cf. · quote attribution · 2 verbatim quotes · confidence low
the government's general interest in preventing crime is compelling
discussed Cited as authority (quoted) State v. Stephens
Conn. · 2011 · quote attribution · 1 verbatim quote · confidence low
we have not recognized an 'overbreadth' doctrine outside the limited context of the irst mendment
examined Cited as authority (quoted) Nordyke v. King
9th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence low
a facial challenge to a legislative act is . . . the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) Alliance for Natural Health U.S. v. Sebelius
D.D.C. · 2011 · quote attribution · 1 verbatim quote · confidence low
o mount a successful facial challenge, 'the challenger must establish that no set of circumstances exists under which the act would be valid.
discussed Cited as authority (quoted) Ashe v. City of Montgomery
M.D. Ala. · 2010 · quote attribution · 1 verbatim quote · confidence low
overnment action depriving a person of life, liberty, or property ... must ... be implemented in a fair manner.
discussed Cited as authority (quoted) United States v. Walker
E.D. Va. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
the government's interest in preventing crime ... is both legitimate and compelling.
Retrieving the full opinion text from the archive…
UNITED STATES
v.
ALLIED OIL CORP. Et Al.
364.
Supreme Court of the United States.
Apr 9, 1951.
341 U.S. 1
Robert W. Ginnane argued the cause for the United States. With him on the brief were Solicitor General Perlman, Acting Assistant Attorney General Clapp, Paul A. Sweeney and Melvin Richter., Thomas J. Downs and Theodore R. Sherwin argued the cause for respondents. With them on the brief were Julius L. Sherwin; Michael F. Mulcahy and Henry W. Dieringer.
Black, Douglas, Clark.
Cited by 20 opinions  |  Published
63 passages pin-cited by 114 cases
Pinpoint authority: #689 of 633,719
Citer courts: Ninth Circuit (9) · Fourth Circuit (8) · Tenth Circuit (5) · Fifth Circuit (4) · D.C. Circuit (4) · E.D. Virginia (4) · District of Columbia (3)
[*2] Mr. Justice Black

Section 205 (e) of the Emergency Price Control Act of 1942, as amended, authorized the Price Administrator under certain circumstances to institute damage actions against sellers of commodities who charged more than prescribed ceiling prices. [1] Pursuant to this section, the consolidated cases now before us were brought in the District Coui’t by the Administrator in his own name “for and on behalf of the United States,” and were properly pending there on April 23,1947. [2] On that day the President, in connection with the termination of price controls, promulgated Executive Orders Nos. 9841 and 9842: [3] No. 9841, among other things, transferred various price administration functions to the Secretary of Commerce; No. 9842, so far as here material, authorized the Attorney General to conduct certain § 205 (e) litigation “in the name of the United States or otherwise as permitted by law . . . .” In view of these orders the Attorney General promptly moved to substitute the United States as party plaintiff in the present proceedings. Although the district judge granted the motion, he dismissed the complaints in 1950 on the ground that there had been an[*3] improper substitution because the suits could not be maintained in the name of the United States. [4] The Court of Appeals affirmed. 183 F. 2d 453. It held that the President in his Executive Orders did not intend to authorize conduct of § 205 (e) actions in the name of the United States. A belief that the President had no power to do so led the court to this conclusion. To resolve the conflict between the decision and those from other circuits, [5] we granted certiorari. 340 U. S. 895.

We hold that it was error to construe the Executive Orders as not allowing maintenance of these suits in the name of the United States. It is true that Order No. 9841 which transferred various OPA functions to the Secretary of Commerce empowered the Secretary to “institute, maintain, or defend in his own name civil proceedings in any court . . ., relating to the matters transferred to him, including any such proceedings pending on the effective date of the transfer . . . .” (Emphasis added.) [6] But this provision demonstrates no purpose to[*4] vest exclusive power in the Secretary to maintain all § 205 (e) enforcement actions. By its express terms it is made subject to Executive Order 9842 [7] which directs the Attorney General to “coordinate, conduct, initiate, maintain or defend” litigation against violators of price control “in the name of the United States or otherwise as permitted by law . ...” [8] All interested government agencies have construed the two orders together as authorizing the Attorney General to carry on § 205 (e) enforcement cases and to do so in the name of the United States. The Emergency Court of Appeals and other courts of appeal have taken the same view. [9] We believe that such a reading of the orders is the most reasonable construction of the language employed.

The substitution of the United States in these cases therefore was proper unless, as the Court of Appeals thought, the President lacked power to authorize it. The view below was that § 205 (e) of the Price Control Act permitted enforcement suits to be brought only in the name of the Price Administrator, or, when the bulk of his duties were transferred to the Secretary of Commerce, in the name of the latter. Such a conclusion, however, is certainly not compelled by the section which provides[*5] merely for the bringing of actions by “the Administrator ... on behalf of the United States . . . .” There can be no question but that the President as a step in the winding-up process had power to transfer any or all of the price administration functions to the Attorney General. Fleming v. Mohawk Co., 331 U. S. 111, 113-119. Accordingly, Executive Order 9842 could lawfully delegate the control and direction of the present actions to that official. Moreover, nothing in § 205 (e) prevents the Attorney General, who is customarily charged with representing the Government’s interests in court, from following his normal procedure of maintaining enforcement suits in the name of the United States itself. [10] No unfairness to the defendants will result. Regardless of captions, the issues in these cases could not change and the real party-in-interest plaintiff has always been the same. Cf. United States v. Remund, 330 U. S. 539, 542-543. The handling of this litigation in the name of the United States is a fair and orderly method for carrying out the congressional mandate to wind up the OPA affairs. These cases should not have been dismissed. [11]

Reversed.

Mr. Justice Douglas and Mr. Justice Clark took no part in the consideration or decision of this case.
1

56 Stat. 33, as amended, 58 Stat. 640, 50 U. S. C. App. § 925 (e): “If . . . the buyer either fails to institute an action . . . within thirty days from the date of the occurrence of the violation or is not entitled for any reason to bring the action, the Administrator may institute such action on behalf of the United States . . .

2

Actually, one of these six consolidated actions was instituted “for and on behalf of the United States” in the name of Philip B. Fleming, Administrator of the Office of Temporary Controls after he had become the successor to the Price Administrator. On April 23, 1947, all six suits were properly pending in Fleming’s name. See Fleming v. Mohawk Co., 331 U. S. 111, 113-119. The manner in which he became the successor of the Price Administrator is detailed by the Court of Appeals in its opinion below. United States v. Allied Oil Corp., 183 F. 2d 453.

3

12 Fed. Reg. 2645, 2646.

4

The ruling was that the Secretary of Commerce was the real party-in-interest plaintiff and that the actions had abated for failure to substitute the Secretary within six months as required by Rule 25 (d), Fed. Rules Civ. Proc.

5

Fleming v. Goodwin, 165 F. 2d 334; United States v. Koike, 164 F. 2d 155; Northwestern Lbr. & Shingle Co. v. United States, 170 F. 2d 692.

6

Executive Order No. 9841, §402 provides: “Functions under the Emergency Price Control Act of 1942, as amended, transferred under the provisions of this order shall be deemed to include authority on the part of each officer to whom such functions are transferred hereunder to institute, maintain, or defend in his own name civil proceedings in any court (including the Emergency Court of Appeals), relating to the matters transferred to him, including any such proceedings pending on the effective date of the transfer of any such function under this order. The provisions of this paragraph shall be subject to the provisions of the Executive order entitled ‘Conduct of Certain Litigation Arising under Wartime Legislation/ [Order No. 9842] issued on the date of this order . . . .”

7

See Executive Order No. 9841, § 402, note 6, supra.

8

Executive Order No. 9842 provides: “1. The Attorney General is authorized and directed, in the name of the United States or otherwise as permitted by law, to coordinate, conduct, initiate, maintain or defend:

“(b) Litigation against violators of regulations, schedules or orders relating to maximum prices pertaining to any commodity which has been removed from price control . . . .”
Price controls had been lifted on the commodities involved in the present actions prior to the promulgation of Executive Orders Nos. 9841 and 9842.
9

Hal-Mar Dress Co. v. Clark, 165 F. 2d 222, and cases cited note 5, supra.

10

Cf. United States v. California, 332 U. S. 19, 27-28; United States v. San Jacinto Tin Co., 125 U. S. 273, 279.

11

Respondents have contended in their brief that by virtue of 28 U. S. C. § 2105 the orders of the District Court dismissing these actions as abated were not subject to review. This contention is untenable in view of the recent decision in Snyder v. Buck, 340 U. S. 15, 21-22.